October 30, 2018
On August 9, 2018, the Department of Homeland Security (DHS) implemented a new policy regarding "unlawful presence" for F-1 students and J-1 exchange visitors. Based on this policy, unlawful presence days begin accruing from the day an F-1 or J-1 status is breached. The length of unlawful presence can impact the ability to return to the U.S. in the future, which includes 3 or 10 year bars on re-entry (dependent on number of days accrued). The best way to avoid unlawful presence is to make sure the F-1 or J-1 status is maintained at all times, whether you are a student, visitor or taking advantage of applicable employment options.